Cobra International, Inc. v. Bcny International, Inc., No. 16-2103 (Fed. Cir. Nov. 17, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Cobra International, Inc. (“Cobra”) is an owner of U.S. Patent No. 5,821,858 , which co vers circuitry for lighted footwear. It brought suit for patent infringement against five retail corporations and two individuals (“the defend- ants”) in the District Cour t for the Southern District of Florida in 2005. In the course of discovery, as early as 2006, it became apparent that there was a co -inventor who had not been named in the patent.